Township of Conewago, PA Background Provisions

An improved cartway designed and constructed to provide for vehicular movement between a public or private road and the off-street parking and/or loading area for any use other than one single-family dwelling unit or farm.

ACCESS DRIVE THROAT LENGTH

That portion of an access drive in which exiting vehicles queue at a traffic control point along which there is no conflicting vehicle access point, or that portion of an access drive in which entering vehicles encounter no conflicting vehicle access points.

ACCESSORY BUILDING

A detached, subordinate building, the use of which is customarily incidental to that of the principal use and which is located on the same lot as the principal use.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

ACT

The Pennsylvania Municipalities Planning Code, as amended and codified.[1]

ADJACENT/ADJOINING

The state of being side by side, next to or abutting one another.

ADULT USE

Any of the following, either alone or in combination with any other use:

An establishment having as a substantial or significant portion of its stock-in-trade, or in which are displayed or viewed, magazines, periodicals, books, drawings, photographs, videos, paraphernalia, or other materials that are distinguished or characterized by their emphasis on depicting, describing, or displaying sexual activities or conduct or exposed male or female genital areas.

An establishment or place of assembly to which the public is permitted or invited:

(1)

Which has all or a substantial or significant portion of its stock-in-trade consisting of any the following items, whether alone or in combination:

(a)

Books, magazines or other periodicals, as well as films or other forms of audio or visual representation, that are distinguished or characterized by an emphasis on depiction, description, or display of sexual activities or conduct or exposed male or female genital areas;

(b)

Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct; and/or

(2)

Wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images, with or without sound, where the images so displayed are distinguished or characterized by an emphasis on depiction, description, or display of sexual activities or conduct or exposed male or female genital areas; and/or

(3)

Which features male and/or female entertainers who engage in activities such as topless or bottomless dancing or stripping, or persons whose performance or activities include simulated or actual sex acts; and/or

(4)

Which offers its patrons any other retail goods, services, or entertainment which is characterized by an emphasis on matter or activities relating to, depicting, describing or displaying sexual activity or conduct or exposed male or female genital areas.

The following specific uses are examples of adult uses, but shall not be considered the only types of adult uses:

(1)

ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

(2)

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(3)

ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade in:

(a)

Books, films, magazines or other periodicals, or other forms of audio or visual representation, which are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(4)

ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(5)

ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist, or massage therapist who is both nationally certified in the therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork and who is a professional member, with active status in good standing, of the American Massage Therapy Association.

(6)

ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five but less than 50 persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(7)

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any figure studio or school of art or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

(8)

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(9)

ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(10)

ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(11)

ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12)

ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service, which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service, during which time specified anatomical areas are displayed or specified sexual activity occurs.

(13)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy.

(14)

ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(15)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGRICULTURE

The tilling of the soil, the raising of crops, horticulture, and the keeping or raising of livestock, such as alpacas, birds, beaver, bees, cattle, chinchilla, cows, emus, fish, foul, foxes, hogs, horses, lynx, sable, sheep, goats, llamas, mink, ostriches, peacocks, pot-belly pigs, poultry, rabbits, raccoons, seal, shellfish and other similar animals, for commercial distribution. This definition also includes noncommercial greenhouses and mushroom houses, as well as the processing and retail sale of goods produced on the farm. This definition also includes uses devoted to research into agricultural technology that would change the conduct of normal farming operations. This definition does not include concentrated animal feeding operations, concentrated animal operations, commercial produce operations and gardening, each as defined herein.

AIRCRAFT

Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into flight through the air.

AIRPORT

Any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. For the purposes of § 155-24, Airport Safety Zone, of this chapter, the term "airport" shall refer to the commercial aviation facility within Conewago Township known as "Hanover Airport."

PRIVATE AIRPORTAn airport that is privately owned and which is not open or intended to be open to the public, as defined in 74 Pa.C.S.A. § 5102.

PUBLIC AIRPORTAn airport that is either publicly or privately owned and that is open to the public, as defined in 74 Pa.C.S.A. § 5102.

AIRPORT ELEVATION

The highest point of an airport's usable landing area, measured in feet from sea level.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any exterior structural addition to a building; any renovation to a building which would change its use; any change or rearrangement in the structural parts of a building, such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls; the moving of a building from one location or position to another.

ALTERNATIVE ENERGY PRODUCTION FACILITIES

Any device installed as an accessory use that supplies energy principally for the principal use of the property that is derived from natural sources (e.g., solar panels, wind turbines, hydro turbines, geothermal exchangers and similar technologies). Also see the definition of "outdoor furnaces."

AMBER ALERT

A method of alerting citizens of Pennsylvania when a child has been abducted, developed by the Pennsylvania State Police. The Amber Alert Plan uses the Emergency Alert System (EAS), via the code "CAE" (Child Abduction Emergency), to warn citizens by radio and television when a child abduction has occurred. The emergency alert contains information regarding the victim, the suspect and, if applicable, the suspect's vehicle information. This allows the citizens and the media to assist police by getting the message out immediately and reporting sightings of the child, perpetrator, or any other associated information. Properties with dynamic message signs are required to display Amber Alert information in accordance with § 155-45C(28)(f) of this chapter.

AMUSEMENT ARCADE

A commercial establishment which provides at least four amusement devices and/or games of skill or chance (e.g., pinball machines, video games, skeetball, electronic or water firing ranges and other similar devices). This definition does not include the use of less than four such devices as an accessory use that can be offered at suitable locations (e.g., restaurants, taverns, nightclubs, commercial recreation establishments, and similar uses).

AMUSEMENT, THEME AND/OR ZOO PARK

A principal use designed and operated for public amusement and education that features a self-contained and secure setting with:

Permanent amusement structures, rides, or activities;

Venues for cultural, sports, entertainment and educational activities;

Cages, habitats and exhibits of domestic and/or exotic animals and plants;

Museums, planetariums and other similar exhibits for cultural and educational display; and

Accessory comfort and leisure facilities (dining, rest rooms, offices, first aid, and other similar activities) for those visiting the park.

ANIMAL EQUIVALENCY UNIT (AEU)

A standardized measure that enables regulation of density or intensity of animal population upon an area of land. One AEU is equivalent to 1,000 pounds of animal(s), including both animals customarily raised as livestock, as well as animals kept as pets.

ANIMAL HOSPITAL

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors, and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary, tentative or final, required to be filed and approved prior to the start of construction or development, including but not limited to an application for zoning approval, for the approval of a subdivision plat or plan, or for the approval of a land development plan.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 155-24F of this chapter.

AREA

The two-dimensional measurement of space between known lines or boundaries.

BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of uncovered porches, awnings, terraces, and steps (e.g., top view).

GROSS FLOOR AREAThe sum of the floor areas of a building as measured to the outside surfaces of exterior walls and/or all areas intended for the conduct of a use.

GROSS LOT AREAThe total surficial area contained within the property lines of a lot, exclusive of exterior public rights-of-way.

HABITABLE FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as a living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches.

LOT AREAThe total surficial area contained within the property lines of a lot, exclusive of public rights-of-way, and public and private streets.

MINIMUM LOT AREAThe least amount of land area required to be associated with a principal use as specified within this chapter, except that the following features are expressly excluded:

(1)

Street rights-of-way;

(2)

Ultimate rights-of-way;

(3)

Access easements serving another principal use;

(4)

Sanitary sewer and water easements serving another principal use;

(5)

Gas pipeline easements and/or rights-of-way;

(6)

Land within easements and/or rights-of-way for overhead electric transmission lines 66 kv and greater;

(7)

Stormwater management facilities, pipes and/or swales intended to serve another principal use;

(8)

Riparian buffers, as regulated in § 155-143 of this chapter;

(9)

Permanent and open bodies of water;

(10)

The Floodplain Zone, as delineated under the terms of § 155-142 of this chapter;

(11)

Wetlands, as regulated and delineated under the terms of § 155-144 of this chapter;

(12)

Areas that are identified by the PNDI as being necessary for the protection of species of concern, as regulated by § 155-146 of this chapter; and/or

(13)

Slopes of 25% or greater.

RETAIL SALES AREAThe total area of use which is devoted to the display of goods and/or services, including aisles, to prospective patrons.

AREA OF DISTURBANCE

The total land area proposed to be used for and/or within any, and all, of the following:

Any area within the lot proposed for development that is within 15 feet of any or all of the following existing or proposed features:

(1)

A principal building or structure [except as provided in Subsection A(3) below];

(2)

Accessory structures or uses existing or proposed at the time of development of the principal building or structure; and

(3)

An accessory structure of more than 500 feet of lot coverage;

Any areas within the lot proposed for development that are within 10 feet of any existing or proposed gravel or paved areas, including gravel or paved driveways;

Any areas within the lot proposed for development that are within 40 feet of the rear of the principal building; and

Any areas proposed to be graded, cleared or otherwise altered that are 500 square feet or greater in size.

ATTIC

That part of a building which is immediately below and completely or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.

AUCTION HOUSE

A principal commercial use at which items are imported for public or private sale during a competitive bidding process. This use shall also expressly include a cafeteria or refreshment counter, provided such use is contained completely within an enclosed building and patrons are limited to those participating in the auction. This term shall not include automobile auctions as defined below.

AUTOMOBILE AUCTION

A use whereby passenger vehicles are offered for wholesale and/or retail sales at prearranged sales during a competitive bidding process.

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales, nor rental or automatic car washes.

AUTOMOBILE PARKING COMPOUND

See definition of "parking compound."

AUTOMOBILE SALES

See "passenger vehicle sales."

AUTOMOBILE SERVICE AND REPAIR

See "passenger vehicle service and repair."

AUTOMOBILE STORAGE YARDS

A use whereby passenger vehicles are stored awaiting transport to a different location.

AVOIDANCE MEASURES

Specific actions that have been identified by one of the Pennsylvania Natural Diversity Inventory (PNDI) jurisdictional agencies that must be fulfilled by an applicant in order to inflict no impact upon a special concern species or resource in the vicinity of the project area.

Principal uses devoted to the receipt, saving, loaning, distribution, investment, and transfer of money, currency and wealth. This use shall expressly include uses commonly known as "banks," "credit unions," "savings-and-loan associations," "savings banks," "investment companies," or "philanthropic foundations," or the offices of an investment manager, investment banker, or securities broker or dealer. For the purpose of this chapter, this term shall exclude pawnshops and nonbank operations that provide check-cashing services and advances on paychecks.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year (one-hundred-year flood).

BASE FLOOD ELEVATION

The projected flood height of the base flood.

BASEMENT

A space with less than half of its floor-to-ceiling height above the average finished grade of the adjoining ground and with a floor-to-ceiling height of greater than 6 1/2 feet; however, for the purposes of § 155-142 of this chapter, "basement" shall include any area of the building having its floor below ground level on all sides.

BED-AND-BREAKFAST

A single-family detached dwelling where between one and five sleeping accommodations are rented to overnight guests on a daily basis for periods not exceeding two weeks. Breakfast may be offered only to registered overnight guests.

BEEKEEPING

The raising or keeping of bees within a man-made enclosure (beehive) for hobby or business purposes.

BILLBOARD

An off-premises sign which directs attention to a product, service, business, or cause.

BLINDING GLARE

Glare that is so intense that, for an appreciable length of time after it has been removed, no object can be seen.

BOARDER

An individual, other than a member of a family, occupying a dwelling unit or owning a lodging facility who, for compensation, is furnished sleeping accommodations within such dwelling unit or lodging facility and who also may be furnished meals or other domestic services in return for compensation.

BOARDINGHOUSE

A building or portion thereof arranged or used for sheltering or feeding, or both, as a gainful business for four but not more than 10 boarders. This term includes single-room occupancy residences (SROs), tourist homes and rooming houses. Boardinghouses must include a full-time on-site resident manager.

BOARD OF SUPERVISORS

The governing body of Conewago Township, Adams County, Pennsylvania.

BUGGY

A carriage drawn by a horse that is commonly used by plain sects as a mode of transport and travel.

BUILDING

Any structure with a roof intended for shelter or enclosure of persons, animals or property.

DETACHEDA building which has no party walls.

SEMIDETACHEDA building which has only one party wall in common.

ATTACHEDA building which has two or more party walls in common.

BUILDING AREA

The total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of uncovered porches, awnings, terraces, and steps (e.g., top view).

BUILDING ENVELOPE

The area of a lot that is available for development and free of restrictions as specified in this chapter and may include building setback requirements, rights-of-way, easements, floodplains, wetlands, steep slopes, and all similar restrictions.

BUILDING HEIGHT

A building's vertical measurement from the mean sea level of the ground abutting the building, as measured at its corners to the highest point of the roof, unless otherwise specified.

BUILDING LENGTH

The longest horizontal measurement of a building.

BUILDING PERMIT

Permits issued under the Uniform Construction Code.[2] (Permits issued under this chapter are "zoning permits.")

BUILDING SETBACK LINE

The actual distance between the closest part of a building, including roof overhangs (excluding those permitted projections listed in § 155-42 of this chapter), and:

In the case of a front yard, all adjoining street right-of-way lines;

In the case of a side yard, all side lot lines; and

In the case of a rear yard, all rear lot lines.

CAFE

An accessory use to a restaurant and/or a drive-through/fast-food restaurant that is devoted to the outdoor seating of up to 40 patrons.

CAMPGROUND

A lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by guests, travelers and/or transients in recreational vehicles, cabins, travel trailers or tents.

CAMPSITE

A plot of ground within a campground intended for occupation by a recreational vehicle, cabin, tent or travel trailer.

CANDELA

The standard industrial unit of luminous intensity. One candela is one lumen per steradian (lm/sr).

CANDLEPOWER

Luminous intensity expressed in candelas.

CARPORT

A roofed structure open on two or more sides and used in conjunction with a dwelling for the storage of motor vehicles.

CARRIAGE AND BUGGY HORSE

An animal kept accessory to a principal residence that occupants rely upon as a primary mode of transport and travel.

CARTWAY

The surface of a street intended and available for use by vehicular traffic.

CAR WASH

A commercial use devoted to cleaning the exterior, and sometimes the interior, of automobiles and other passenger vehicles. There are several types of car washes, ranging from self-service coin-operated automatic car washes to fee-based full-service operations.

CASINOS

A facility, other than a racetrack and/or an off-track betting parlor, wherein wagering and other lawful gambling activity is conducted under Pennsylvania law. This use shall include any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices, are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with the State Lottery Law.[3]

CATERERS, BAKERS and CONFECTIONERS

A retail commercial use devoted to the preparation, packaging and/or delivery of prepared foods for consumption at another location. This use shall also expressly include the retail sales of those goods produced on the site; however, no seating for on-site consumption shall be permitted.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area.

CEMETERY

Lands and/or facilities used, or intended to be used, for the burial of the deceased, including columbariums, crematoria, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall also include facilities for the burial of domestic pets.

CERTIFICATE OF USE AND OCCUPANCY

A statement, signed by the Zoning Officer, verifying that a building, structure, sign, and/or land complies with this chapter and may be lawfully employed for its intended use.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that confine and conduct continuously or periodically flowing water.

CHANNEL FLOW

That water that is flowing within the limits of a defined channel.

CHURCH AND RELATED USES

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents, cemeteries and church-related recreation, educational and/or day-care facilities and orphanages.

CLINIC, MEDICAL, DENTAL, VISION, OR COUNSELING

A building or group of buildings occupied by medical and/or other licensed practitioners and related services for the purpose of providing health, emergency medical, wellness, dietary, social, behavioral, therapeutic, occupational and psychological services to outpatients.

CODE

Code of the Township of Conewago.

CO-LOCATED COMMUNICATIONS ANTENNAS

Any device that is attached to an existing structure and used for the transmission or reception of wireless communications signals for ultimate reception by a radio, television, wireless telephone, pager, commercial mobile radio service, or any similar device.

COMMERCIAL DAY CARE

A principal use offering care or supervision of more than four minors or adults for a period not to exceed 18 continuous hours that is licensed by the Commonwealth of Pennsylvania. (See also "family day care.")

COMMERCIAL PRODUCE OPERATION

An agricultural use whereby plant materials are principally grown within enclosed buildings and where such use exceeds a lot coverage of 10%.

COMMERCIAL RECREATION FACILITY

An activity operated as a business, open to the public, for the purpose of public recreation or entertainment, including but not limited to bowling alleys, cinemas, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses, shooting ranges, amusement arcades, amusement/theme/zoo parks, automobile and/or animal racing, with or without related wagering facilities, off-track betting and/or casinos, unless such uses are specifically approved under their respective terms of this chapter.

COMMERCIAL SCHOOL

See "school, commercial."

COMMERCIAL TRUCK

A motor vehicle that is associated with a business and/or exceeds the limitations of a personal motor vehicle as defined herein.

COMMON OPEN SPACE

Any area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of the development or the general public. Common open spaces shall not include areas devoted to driveways, access drives, parking lots, street rights-of-way, stormwater detention basins, required setbacks and private yards.

COMMON PARKING AREA

A parking facility serving multiple uses or properties.

COMMON WALL

A wall separating two units of occupancy.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of wireless communications signals for ultimate reception by a radio, television, wireless telephone, pager, commercial mobile radio service, or any similar device. This term includes, without limitation, omnidirectional (or whip) antennas and directional (or panel) antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include residential satellite dishes, television antennas, or antennas for amateur radio equipment.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas.

COMMUNICATIONS TOWER

A freestanding structure designed and used solely to support communications antennas.

COMMUNITY CENTER

A building or portion of a building used as a gathering place by local residents and/or the general public.

COMMUNITY GREEN

A plaza, square, courtyard, park, pocket park, walkway, promenade, or other outdoor space in which features, such as pavers, benches, gazebos, pergolas, trellises, planters, plantings, lighting, sculpture, and the like, are installed and maintained for public use and enjoyment.

COMMUNITY SEWAGE DISPOSAL SYSTEMS

A system of conveyance, treatment and discharge that provides for the safe and healthful disposal of sewage generated by multiple principal uses that is not proposed to be owned and/or operated by Conewago Township. All community sewage disposal systems shall be approved and permitted by the Pennsylvania Department of Environmental Protection.

COMPOSTING

The conversion of organic matter, such as yard waste, into fertilizer.

COMPREHENSIVE PLAN

The latest adopted version of the Conewago Township Comprehensive Plan, including any freestanding supplemental documents, as may be amended.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)

An agricultural use regulated by the federal government involving the commercial keeping and handling of livestock quantities with characteristics in any of the following three criteria:

Three Criteria to Determine CAFO Uses
Criteria 1
The proposed agricultural operation exceeds any of the following animal type thresholds:
	700 mature dairy cows;
	1,000 veal calves;
	1,000 cattle, including but not limited to heifers, steers, bulls and cow-calf pairs;
	2,500 swine of 55 lbs or more;
	10,000 swine under 55 lbs;
	500 horses;
	10,000 sheep or lambs;
	55,000 turkeys;
	30,000 layer or broiler chickens using a liquid manure handling system;
	125,000 broiler chickens not using a liquid manure handling system;
	82,000 layer chickens not using a liquid manure handling system;
	30,000 ducks not using a liquid manure handling system; and/or
	5,000 ducks using a liquid manure handling system.
Criteria 2
Any agricultural operation that exceeds 1,000,000 pounds of live weight of livestock or poultry.
Criteria 3
Any agricultural operation that is a concentrated animal operation (as defined below) that includes more than 300,000 pounds of live weight of livestock or poultry.

CONCENTRATED ANIMAL OPERATION (CAO)

An agricultural use determined under Title 25, Chapter 83, Subchapter D, § 83.262,[4] of the Pennsylvania Department of Environmental Protection's Nutrient Management Rules and Regulations, involving the commercial keeping and handling of livestock and/or poultry quantities, with densities exceeding 2,000 pounds per acre, suitable for the application of manure on an annualized basis. Animal weights shall be determined using the table within the above-described definition of a "concentrated animal feeding operation," which may be amended.

CONDITIONAL USE

A use that may appropriate to a particular zone when specific conditions and criteria prescribed for such uses are satisfied. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 155-185 of this chapter.

CONDOMINIUM

Real estate, portions of which, in accordance with the provisions of the Pennsylvania Uniform Condominium Act of 1980,[5] as amended, are designated for separate ownership, and the remainder of which is designed for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONICAL SURFACE

As it relates to § 155-24 of this chapter, a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

CONSERVATION EASEMENT

A private agreement between the landowner and the Township (and possibly other designated persons or parties) that is applied to property to perpetually protect it from future development.

CONSERVATION MEASURE

A specific action that has been identified by one of the Pennsylvania Natural Diversity Inventory (PNDI) jurisdictional agencies that can minimize impact upon a special concern species or resource in the vicinity of the project area.

CONSERVATION PLAN

A plan, including a map(s) and narrative, that, at a minimum, describes and outlines an erosion and sedimentation control plan for an identified parcel of land.

CONSISTENCY

An agreement or correspondence between matters being compared which denotes a reasonable, rational, or similar connection or relationship.

CONSTRUCTION

The placement of materials and equipment in a defined area to be assembled, built, applied, and/or demolished in a temporary or permanent manner, as approved by the designated officials of the Township.

CONSTRUCTION SITE

The total necessary land area required for all buildings or uses within a development.

CONVENIENCE STORE

A business which specializes in the retail sales and/or rental of household products and foods. Although this use is permitted by right within the Commercial Zone, some of the permitted activities require the approval of a special exception or conditional use if they are conducted as part of the convenience store:

Retail sales or rental of books, magazines, videos, software, and video games, provided that adult uses are expressly prohibited;

Restaurants, including drive-through or fast-food operations, subject to the requirements of § 155-74 of this chapter, and provided that rest rooms are made available to the public;

Amusement arcades, subject to the requirements of § 155-52 of this chapter;

Automatic bank teller machines;

Photomats and film development dropoff sites;

Laundry, dry-cleaning and tailoring dropoff sites;

Lottery sales counters and machines;

Propane fuel sales within no larger than twenty-pound tanks which must be stored outside of the building at all times;

Dispensing of automobile fuels, oils, compressed air, kerosene, washer fluid, and other auto-related items, subject to the requirements of § 155-57 of this chapter;

Car washes, subject to the requirements of § 155-63 of this chapter; and

Post offices and other parcel delivery dropoff sites.

CONVENTION AND/OR CONFERENCE CENTER

A principal use that is designed to offer accommodations that are integrated in form and function to visitors and groups of attendees for the purposes of education, training, trade shows, exhibits, presentations, and other similar activities.

CONVERSION

To change or adapt improved property to a use, occupancy, or purpose other than what existed on the effective date of this chapter.

COUNTY

The County of Adams, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Adams County Planning Commission.

CRT

Cathode ray tube.

CULTURAL FACILITIES

A use conducted indoors, devoted to the development of and personal acquaintance with fine arts, humanities and broad aspects of science.

CURATIVE AMENDMENT

A proposed zoning amendment:

Requested of the Board of Supervisors by any landowner or applicant who desires to challenge the substantive validity of an ordinance that prohibits or restricts the use or the development of land in which the landowner or applicant has an interest; or

Initiated by the Board of Supervisors to cure some known substantial defect.

CUTOFF ANGLE (OF A FIXTURE)

The angle, measured up from the horizon, between the vertical axis and the first line of sight at which the bare source is not visible.

CUTOFF FIXTURE

A fixture that distributes light not exceeding 2.5% at an angle of 90° above the horizon and 10% at a vertical angle of 80° above the horizon.

DANCE, MUSIC, ART, FASHION AND PHOTOGRAPHIC STUDIO AND GALLERY

A principal use devoted to the:

Training and performance of dance and music;

Development, display, and sales of individual works of art and/or photography; and

Design, development, display and sales of custom articles of clothing.

DAY CARE

See "commercial day care" and "family day care."

DENSITY

A term used to express the allowable number of dwelling units per acre of land, exclusive of public rights-of-way and public and private streets.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DOMESTIC COMPOST

An accessory use that converts organic waste of the residents (excluding sewage) on site, such as yard waste, into fertilizer.

DOMESTIC PETS

The noncommercial keeping of no more than four adult nonfarm animals that are locally available for purchase as pets as an accessory use to a primary residential use. "Domestic pets" shall not include any species identified as "exotic animals" and "livestock," both as defined herein, nor any animal species that, in the opinion of the Zoning Officer, poses a threat to the health, safety and/or welfare of the community.

DOMESTIC TOOLS

Electric- and/or liquid-fuel-powered devices that assist in the maintenance and repair of personal property and one's residence (e.g., power tools, lawn mowers, chain saws, snowblowers, generators, compressors, power washers, etc.).

DRIPLINE

The outside edge of the area located directly beneath the canopy of a plant upon which rain is intercepted before it falls to the ground.

DRIVE-THROUGH AND/OR FAST-FOOD RESTAURANT

An establishment that serves prepared food generally packaged in paper wrappers and/or disposable plates and containers. Such food can be consumed either on or off of the site.

DRIVE-THROUGH FACILITY

Any portion of a building or structure from which business may be transacted with a customer in a motor vehicle.

DRIVEWAY

An improved cartway designed and constructed to accommodate vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm; provided, however, that joint-use driveways as permitted under § 155-84B of this chapter may serve up to four single-family detached dwelling units.

DRIVING RANGE

An accessory or principal use devoted to the practice of driving golf balls.

DRY CLEANERS and LAUNDROMATS

A principal retail use at which patrons can either perform self-service dry cleaning, washing and drying of personal clothing and/or other fabric articles, or dropoff facilities for such services. This use shall not include accessory laundry services associated with lodging facilities and/or institutional uses.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boardinghouses, rooming and lodging houses, institutional houses, tourist courts, and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly due to frost action. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water, electrical, and other utility systems.

SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Manufactured homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the manufactured home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Manufactured and modular homes shall be considered single-family detached dwellings so long as they are designed and constructed in accordance with the Uniform Construction Code[6] (Figure 1).

DUPLEX (TWO-FAMILY; SINGLE-FAMILY SEMIDETACHED)A freestanding building containing two dwelling units for two families, arranged in a side-by-side (Figure 2) or over-and-under (Figure 3) configuration.

MULTIPLE-FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units (Figure 4).

QUADRAPLEXA building containing four dwelling units that each are located on grade that are not arranged in a side-by-side layout.

TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common walls (Figure 5).

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.

DYNAMIC MESSAGE DISPLAY

A sign incorporating LCD, LED, plasma, CRT, pixelized lights, other video-like displays or other means of changing messages.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth. For the purposes of this chapter, this definition shall not include the tilling of the soils and cultivation associated with the growing of crops.

ECHO HOUSING

A temporary dwelling unit placed on a property with another single-family detached dwelling for occupancy by either an elderly, handicapped, or disabled person(s) related by blood, marriage, or adoption to the occupants of the principal dwelling or their caregiving family members.

ELEVATION

The average ground level at all corners of a structure, storage area, sign or other improvement.

EMERGENCY SERVICES

An organization comprised of voluntary and/or paid personnel whose principal function is the dispatch of trained responders to the general public under local emergency conditions. Such uses may include facilities for the housing of personnel while on duty, vehicle and equipment storage areas, training facilities and accessory meeting, cafeteria, banquet, stage, recreation, shooting range and/or other fund-raising amenities, all of which must be conducted within a totally enclosed building. Accessory parks, athletic facilities and fairgrounds are also permitted. Suitable examples include, but are not limited to, police departments, sheriff stations, fire companies, forest fire agencies, ambulance companies, emergency medical services, advanced life support, search and rescue, national guard and civil defense. This definition does not include prisons or outdoor shooting ranges.

EMISSIONS RELEASE POINT

That location where an exhaust chimney of an outdoor furnace permits the unrestricted flow of exhaust into the environment.

ENTERTAINMENT FACILITIES

A use conducted indoors that offers personal amusement and/or enjoyment through mental engagement. This definition does not include adult uses, amusement arcades, casinos, off-track betting parlors, wagering, or shooting ranges.

EQUESTRIAN CENTER and RIDING STABLE

A principal use at which the operator offers services and facilities to board, train, and exercise horses that are owned by nonresidents of the subject property. This use also expressly includes the recreational riding of horses for a fee, riding lessons, periodic competitions and similar events related to the care, use and enjoyment of horses.

EXOTIC ANIMALS

All bears, coyotes, lions, tigers, leopards, jaguars, cheetahs, cougars, wolves and any crossbreed of these animals which have similar characteristics in appearance or features. This definition is applicable whether or not the birds or animals were bred or reared in captivity or imported from another state or nation.

FAMILY

Any one of the following:

A single individual occupying a dwelling unit.

Two or more persons related by blood, marriage, or adoption occupying a dwelling unit.

Not more than three unrelated persons occupying a dwelling unit.

Not more than eight related or unrelated persons who are the functional equivalent of a family in that they live together, participate in such activities as meal planning, shopping, meal preparation, and the cleaning of their dwelling unit together and who are part of a community-based residential home that qualifies as a community living arrangement licensed by the Pennsylvania Department of Public Welfare or other appropriate federal or state agency having jurisdiction, where the persons occupying the home are handicapped persons under the terms of the Fair Housing Amendments Act of 1988,[7] and where the operator of the home provides room and board, personal care, rehabilitative services, and supervision in a family environment. The presence of staff persons in a home meeting this definition shall not disqualify the group of persons occupying the dwelling unit as a family.

FAMILY DAY CARE

An accessory use to a detached single-family dwelling principal use offering care or supervision to no more than six different persons during any calendar day for a period not to exceed 18 continuous hours that is registered by the Commonwealth of Pennsylvania. The limit on the number of persons shall not be applied to those who reside on the property. (See also "commercial day care.")

FARM

A parcel of land that is used for one or more agricultural operations, including but not necessarily limited to the raising of agricultural products, livestock, poultry, or the production of dairy products. A farm shall be understood to include a dwelling unit, as well as all structures necessary for the housing of animals, storage of feed and equipment, and other operations customarily incidental to farm use.

FARMERS AND/OR FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used on a regularly occurring basis. Farmers and/or flea markets can include indoor and outdoor display of merchandise.

FARM OCCUPATION

A business or commercial activity that is conducted as an accessory use to a principal agricultural or horticultural use.

FCC

The Federal Communications Commission of the United States of America.

FELLING

The act of cutting a standing tree so that it falls to the ground.

FILL

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including but not limited to levees, bulkheads, dikes, jetties, embankments, and causeways.

FINANCIAL INSTITUTION

Bank, credit union, savings-and-loan association, savings bank, investment company, philanthropic foundation, or the office of an investment manager, investment banker, or securities broker or dealer. For the purpose of this chapter, this term shall exclude pawnshops and nonbank operations that provide check-cashing services and advances on paychecks.

FISH HATCHERIES

A principal use devoted to the raising of fish for wholesale distribution and/or wholesale public release.

FIVE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 500 years.

FIXTURE

A complete lighting unit consisting of one or more lamps (light sources), together with the parts designed to control the light distribution, and other mechanical and electrical components.

FLAG LOT

A lot permitted under specific requirements of this chapter whose lot width at its frontage is less than that required at the building setback line.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from the overland flow of watercourses or from the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD ELEVATION

The projected heights, in relation to the National Geodetic Vertical Datum of 1929 (NGVD), reached by floods of various magnitudes and frequencies in the floodplain areas.

FLOOD OF RECORD

The flood which has reached the highest flood elevation above mean sea level at a particular location.

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPROOF

Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to property, structures and their contents.

FLOODWAY

The channel of a watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the base flood elevation more than one foot.

FOOTCANDLE

A measure of intensity of light stated in lumens per square foot.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

FORESTRY OPERATOR

An individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

FOREST STEWARDSHIP PLAN

A written strategy approved by the PA DCNR, Bureau of Forestry, for the long-term care and maintenance of a property, or portion thereof, upon which a timber harvest is to occur.

FREESTANDING COMMUNICATIONS ANTENNAS, TOWERS AND EQUIPMENT

See "communications antennas," "communications towers" and "communications equipment."

FRONTAGE

The line of a lot coincident with an abutting right-of-way line of a street that can be used for vehicular access to the site.

FULL-CUTOFF FIXTURE/FIXTURE

A fixture that distributes no light at or above an angle of 90° above the horizon and 10% at a vertical angle of 80° above the horizon.

FUNERAL HOME

A building or part thereof used for human funeral services. Such building may contain space and facilities for:

A funeral chapel or similar gathering place;

Embalming and the performance of other services used in preparation of the dead for burial;

Cremation of human remains;

The performance of autopsies and other surgical procedures;

The storage of caskets, urns, and other related supplies; and

The storage of funeral vehicles.

GARAGE, MOVING AND YARD SALE

An occasional and temporary use of a residential lot wherein the occupants of the said lot display and offer personal possessions for sale to the general public.

GARAGE, PRIVATE

An accessory building for the storage of one or more motor vehicles and/or other vehicles, all of which must be accessory and incidental to the primary use of the residential premises, except as noted in § 155-37G of this chapter.

GARDENING

The growing of plants for personal use as an accessory use upon a residential site, or the growing of plants for personal use upon assigned plots located away from the residential site.

GLARE

The sensation produced by lighting that causes annoyance, discomfort, or loss in visual performance and visibility to the eye.

GOLF COURSE

A golf course with a minimum of 2,000 yards of play in nine holes.

GOLF COURSE DRIVING RANGE

An accessory use to a golf course devoted to the practice of driving golf balls.

GOLF COURSE, MINIATURE

A commercial recreational use based upon golf that requires only a putter and is typically, but not necessarily, lit for night play.

GOVERNING BODY

The Board of Supervisors of Conewago Township, Adams County, Pennsylvania.

GOVERNMENTAL USE

A use that is operated by a duly recognized level of government (local, state and federal); provided, however, that such use shall not include solid waste disposal and/or handling facilities, prisons, and/or hospitals.

GRADE

A measurement of slope expressed in terms of percentage of vertical versus horizontal distance.

GRID-BLOCK STREETS

A private accessway for pedestrian and/or vehicular use within the Town center core that is generally arranged in a series of interconnecting parallel and perpendicular alignments. A sidewalk alone shall not be construed as a grid-block street.

GROUP HOME

See the definition of "family" and "dwelling."

HAZARDOUS MATERIAL

For the purposes of § 155-142 of this chapter, hazardous materials include substances that have the potential to damage health or impair safety. Hazardous substances include, but are not limited to, inorganic mineral acids, sulphur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, and arsenic and their common salts; lead, nickel, and mercury and their inorganic salts or metallo-organic derivatives; coal tar acids, such as phenols and cresols, and their salts; petroleum products; and radioactive materials. Also included are floatable materials with the potential to cause physical damage, such as logs, storage tanks, and large containers.

For all other sections of this chapter, hazardous materials shall include solid, liquid, or gaseous materials that exhibit characteristics of being dangerous to human health or the environment as regulated by 49 CFR Parts 171 to 180, are considered dangerous by such laws as the Resource Conservation and Recovery Act (RCRA) [42 U.S.C. § 6901 et seq. (1976)], the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) [42 U.S.C. § 9601 et seq. (1980)], and the Superfund Act Reauthorization Act (SARA) [42 U.S.C. § 9601 et seq. (1986)], or are recognized by the National Institutes of Health (NIH) and National Institute for Occupational Safety and Health (NIOSH).

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may:

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.

HAZARD TO AIR NAVIGATION

As it relates to § 155-24, Airport Safety Zone, of this chapter, any structure, growth or other object, including a mobile object, which exceeds a specific height limit and thus is determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

HEALTH, FITNESS, FRATERNAL, SOCIAL AND OTHER PRIVATE CLUBS

A principal use that offers service, support, entertainment, recreation, leisure and other activities only to club members and their guests. Such use does not include adult uses, casinos, golf courses, off-track betting parlors or outdoor shooting ranges, all as defined herein.

HEAVY EQUIPMENT

Vehicles and machinery that are not normally associated with domestic use (e.g., excavation equipment, commercial trucks in excess of 11,000 pounds gross vehicle weight, cargo and storage containers, cargo trailers, buses, yachts, farm equipment, mechanized amusement rides, industrial machinery, and other similar items).

HEAVY INDUSTRIAL USE

A principal use that involves:

The production and processing of asphalt and asphalt products, bricks, cement and cement blocks, tar and other synthetic paving and masonry-like materials;

The production and processing of chemicals, dyes, solvents, fertilizers, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black, bone black, creosote, hydrogen, oxygen, pharmaceutical and industrial alcohol, nitrates, potash, plastic and synthetic resins, pyroxylin, rayon, and hydrochloric, nitric, picric and sulfuric acids;

The production, processing and/or refining of matches, fuels and explosives, including but not limited to gasoline, kerosene, ethanol, coal, coke, naphtha, natural gas, oil (natural and synthetic), lubricating oil, charcoal and other fuel briquettes, and other similar materials;

The aboveground bulk storage of oil, gasoline or other similar flammable liquids;

The production, processing and/or distillation of gelatin, glue, soap, starch and other plant and animal by-products not associated with food processing;

The production and processing of linoleum, oil cloth, paint, varnish, turpentine, vinyl, rubber (natural and synthetic) and other similar materials;

The production and processing of glass and glass products;

A metal foundry, reduction, refinishing, smelting, alloying and/or refining operation;

The milling or processing of flour or grain;

The production and/or assembly of passenger vehicles and heavy equipment and manufactured homes; and

An operation of assembly, conversion, distribution, manufacture, production, processing, storage, warehousing and/or wholesaling of goods, materials and products not listed in § 155-22B, C(1) through (4), C(6) through (21), and D of this chapter.

HEIGHT

For the purpose of determining the height limits in all zones set forth in § 155-24 of this chapter and shown on the Zoning Map,[8] the datum shall be mean sea level elevation, unless otherwise specified.

HELICOPTER PAD (PRIVATE)

A heliport conducted as an accessory use where no more than one helicopter may land/take off and be stored.

HELIPORT

Any area of land or water which is used, or intended to be used, for the landing and takeoff of helicopter aircraft and any appurtenant areas which are used, or intended to be used, for heliport buildings or navigation facilities or rights-of-way, together with all heliport buildings and facilities thereon.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

By an approved state program as determined by the Secretary of the Interior; or

(2)

Directly by the Secretary of the Interior in states without approved programs.

HISTORIC STRUCTURE CONVERSION

The change or adaptation of an historic structure for use and occupancy other than what existed on the effective date of this chapter.

HOME IMPROVEMENT AND BUILDING SUPPLY STORE

A facility for the retail sale of a combination of products used in the construction, repair and improvement of homes, including, but not limited to, lumber, masonry products, exterior siding, roofing, plumbing fixtures, pipes, electrical supplies, floor coverings, paints and wall coverings, windows and glass, landscaping materials, hardware, tools, and other accessories. Home improvement stores shall always involve outdoor storage of materials; any facilities that sell the above-described products that do not have outdoor storage can be considered to offer the general retail sale of goods.

HOME OCCUPATION

A business or commercial activity that is conducted as an accessory use in a detached dwelling unit, except that any use that adheres to the definition of "no-impact home-based business," as defined herein, is permitted by right in any dwelling unit within any zone.

HORIZONTAL SURFACE

As it relates to § 155-24, Airport Safety Zone, of this chapter, a horizontal plane 150 feet above the established airport elevation.

HORTICULTURE

The cultivation of fruits, vegetables, flowers, and ornamental plants for commercial distribution.

HOSPITAL AND RELATED USES

An institution, licensed in the Commonwealth of Pennsylvania, which renders inpatient and outpatient medical care on a twenty-four-hours-per-day basis and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

HOTEL, MOTEL OR SIMILAR LODGING FACILITIES

A building or group of buildings containing rooms for rental on a transient basis of not more than 30 continuous days nor more than 60 days within any calendar year. This term excludes a boardinghouse and bed-and-breakfast, both as defined herein. Accommodations provided as an accessory by institutional and educational uses for their patrons shall not be considered a hotel; similarly, buildings where human beings are housed under legal constraint are excluded from this term. A hotel, motel and similar lodging facility may also include related accessory uses primarily directed towards serving its patrons, including but not limited to dining, recreation, meetings, gifts, laundry, maid service and other personal services. A "hotel" is a building or group of buildings containing rooms for rental on a transient basis whose primary access is limited through a lobby. A "motel" is a building or group of buildings containing rooms for rental on a transient basis whose primary exterior access occurs at each respective unit. Hotels and motels may also include related accessory uses primarily directed towards serving their patrons, including but not limited to dining, recreation, meetings, gifts, laundry, maid service and other personal services. Mail service shall be limited to counter service within the facility's lobby, and no individual unit mailboxes, individual unit mail slots or exterior gang mailboxes shall be permitted. All hotels, motels and similar lodging facilities shall require a full-time on-site staff that operates 24 hours per day and seven days per week and shall not require guests to sign a lease agreement.

HOUSEHOLD HAZARDOUS WASTES

Those wastes in households that are hazardous in nature but are not regulated as hazardous waste under federal and state laws. Included are such items as old paints and paint-related products, pesticides, pool chemicals, drain cleaners and degreasers, car care products, etc.

IESNA

Illuminating Engineers Society of North America.

ILLUMINANCE

The quantity of light per unit area, measured with a light meter in footcandles.

IMPERVIOUS SURFACE

A surface not readily penetrated by water under normal pressure associated with rainfall or other typical conditions associated with the proposed use. These typically include but are not limited to roads, access drives, interior drives, driveways, buildings, structures, sidewalks, off-street parking spaces, off-street loading spaces and paved recreation courts.

IMPROVEMENT

Any structure, including but not limited to the provision of underground or aboveground utilities, as well as any physical change to the surface of the land, including but not necessarily limited to grading, paving, the placement of stormwater management facilities, sidewalks, signs, traffic control devices, and monuments. This definition shall expressly exclude the tilling of soil.

INDIVIDUAL LOT GRADING PLAN (ILGP)

A report and drawing that is prepared by a professional registered engineer, landscape architect or professional land surveyor in accordance with § 155-31 of this chapter.

INTERIOR DRIVE

Any on-site vehicular movement lane(s), other than an access drive, that is associated with a use other than a single-family dwelling and/or farm.

INVASIVE PLANT SPECIES OF PENNSYLVANIA

Invasive plants displace naturally occurring native vegetation and, in the process, upset nature's balance and diversity. Invasive plants are characterized by rapid growth and prolific reproductive capabilities, highly successful seed dispersal, germination and colonization processes, and rampant spreading that takes over native species and are very costly to control. In general, aggressive, nonnative plants have no enemies or controls to limit their spread. These invasive plant species are:

	Trees
	Botanical Name	Common Name
	Acer platanoides	Norway maple
	Acer pseudoplatanus	Sycamore maple
	Allanthus alltissima	Tree of heaven
	Elaegnus angustifolia	Russian olive
	Populus alba	White poplar
	Ulmus pumila	Siberian elm
	Viburnum lantana	Wayfaring tree

	Shrubs and Vines
	Botanical Name	Common Name
	Berberis thunbergii	Japanese barberry
	Elaeagnus umbellata	Autumn olive
	Euonymus alatus	Winged euonymus
	Ligustrum vulgare	European privet
	Lonicera japonica	Japanese honeysuckle
	Lonicera maackii	Amur honeysulckle
	Lonicera morrowii	Morrow's honeysuckle
	Lonicera tatarica	Tatarian honeysuckle
	Lonicera x-bella	Hybrid honeysuckle
	Lythrum salicaria	Purple loosestrife (herbaceous)
	Morus alba	White mulberry
	Morus rubra	Red mulberry
	Phylostachys	Aubea bamboo
	Rhamnus cathartica	Common buckthorn
	Rhamnus frangula	Glossy buckthorn
	Rosa multiflora	Multiflora rose
	Viburnum opulus	European highbush cranberry

ISA

International Society of Arboriculture.

ISO

Insurance Services Office.

JOINT PARKING LOT

A parking lot that is designed, constructed and operated on a shared basis by two or more adjoining uses with one or more shared access drives.

JOINT-USE DRIVEWAY

An improved cartway designed and constructed to provide for vehicular movement between a road and up to four properties, each of which contain a single dwelling unit.

JUNK

Used materials, discarded materials, or both, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings and appliances, machinery, vehicles or parts thereof, all of which are being stored, awaiting potential reuse or ultimate disposal.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The term "junkyard" does not include scrap-metal-processing operations and automobile-shredding establishments. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard. (A "disabled vehicle" is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason, or a vehicle that does not have a valid current registration plate or that has a certificate of inspection which has expired.)

KENNEL

Any lot on which nonfarm animals are kept, boarded, raised, bred, treated, or trained for commercial purposes or a fee, including but not limited to dog or cat kennels. This definition shall also expressly include animal rescue and similar emergency treatment facilities, whether or not they are operated on a commercial basis.

LABORATORY

A use devoted to the conduct of experiments, research and observation associated with scientific study.

LAMP

A man-made source of light.

LAND DEVELOPMENT

Any of the following activities:

The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

(1)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

(2)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

A subdivision of land.

The following activities are excluded from this term:

(1)

The conversion of an existing single-family detached dwelling into not more than two residential units, unless such units are intended to be a condominium;

(2)

The addition of an accessory building/use, including farm buildings, on a lot or lots subordinate to an existing principal residence or farm;

(3)

The addition or conversion of buildings or rides within the confines of an amusement park (q.v.). This exclusion shall not apply to newly proposed or newly acquired areas of an existing amusement park until the initial land development plans for such parks or areas have been approved pursuant to the terms of Chapter 135, Subdivision and Land Development; and

(4)

Construction of nonresidential additions or nonresidential accessory buildings, provided the construction does not result in the following:

(a)

A building addition or accessory structure in excess of 1,000 square feet or 10% of the existing building's square footage. Once the one-thousand-square-foot or ten-percent addition has been reached, any further expansions will require land development approval.

(b)

An increase in employees greater that 5% of the existing staff, except all principal businesses are entitled to add a minimum of two employees if allowed elsewhere by this chapter.

(c)

Increased stormwater impacts requiring an expansion of existing stormwater facilities or additional stormwater impact upon neighboring properties.

(d)

Installation of additional access drives providing vehicular access to or from a public right-of-way.

(e)

Need for DEP sewer planning module or exemption.

(f)

Impacts on floodplains and/or wetlands.

(g)

More than five additional parking spaces.

LANDING

The place where logs, pulpwood, or firewood are assembled for transport to processing facilities.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LANDSCAPE SCREEN

A planting of noninvasive species arranged to form both a low-level and a high-level barrier between grade and to a height of six feet. This definition can also include the use of an earthen berm, provided such berm is covered with noninvasive vegetative materials that stabilize its slopes and form both a low-level and a high-level screen between grade and to a height of six feet.

LAUNDROMAT

A principal retail use at which patrons can perform self-service dry cleaning, washing and drying of personal clothing and/or other fabric articles.

LAUNDRY PLANT

A nonretail principal use at which clothing and/or other fabric items are cleaned, dried and/or pressed.

LCD

Liquid crystal display.

LED

Light-emitting diode.

LIGHT

Radiant energy that is capable of exciting the retina and producing a visual sensation. The visible portion of the electromagnetic spectrum extends from about 380 nanometers to 770 nanometers.

LIGHT TRESPASS

A normal perception of undesirable illumination, including the following examples:

The classic "light shining in a window";

Unwanted light on an adjacent property; and

Excessive brightness in the normal field of vision (nuisance glare).

LIVESTOCK

An animal typically bred and raised associated with some form of agriculture. This term shall expressly include alpacas, birds, beaver, bees, burrows, cattle, chinchilla, cows, donkeys, emus, fish, foul, foxes, goats, hogs, horses, lynx, mules, sable, sheep, goats, llamas, mink, ostriches, peacocks, pot-belly pigs, poultry, rabbits, raccoons, seal, shellfish, swine, and other similar animals for commercial distribution.

LIVE-WORK UNIT

A shop, studio, office, or other place of business in combination with a dwelling unit located within such place of business within a traditional neighborhood design development. A person or persons other than the proprietor of the business may occupy a live-work unit.

LOADING SPACE

See "off-street loading space."

LOP

The process of cutting tree tops and slash into smaller pieces to allow material to settle close to the ground.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit and that is not divided by a street.

LOT, CORNERA property having street frontage along two or more contiguous sides or along a single curved street with an interior angle of less than 135°, as measured along the interior edge of the street right-of-way, or, in the event of no right-of-way, along the interior edge of the cartway.

LOT, FLAGA lot that relies upon a thin strip of land for street access whose frontage does not satisfy the minimum width requirements for the respective zone, but that said lot has the required lot width away from the street frontage.

LOT, INTERIORA lot with only one street frontage.

LOT, THROUGH/REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets, with vehicular access solely from the street of lesser functional classification.

LOT COVERAGE

A percentage of the lot area that may be covered with an impervious surface (e.g., buildings, driveways, parking areas, sidewalks).

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line, measured perpendicular along straight street rights-of-way and measured radially along curved street rights-of-way. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT LINE

A recorded boundary line of a lot; however, any line that denotes an adjoining public or private street or railroad right-of-way shall be interpreted as the lot line for the purposes of determining the location of the setbacks required by this chapter.

LOT LINE, FRONTThe lot line coincident with the right-of-way line of a street.

LOT LINE, REARLot lines that are formed at the outermost edge of any rear yard as defined herein.

LOT LINE, SIDELot lines that are formed at the outermost edge of any side yard as defined herein.

LOT WIDTH

The horizontal distance measured between side property lines along the minimum front yard setback line and at the street right-of-way line. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line along the minimum front yard setback line and at the street right-of-way line along the street of address. In the case of flag lots, only where specifically permitted within this chapter, lot width shall be the horizontal distance measured between side property lines along the front yard building setback line, as defined herein.

LUMEN

The unit of luminous flux. Photometrically, it is the luminous flux emitted within a unit solid angle (one steradian) by a point source having a uniform luminous intensity of one candela.

LUMINANCE

The emitted or reflected light from a surface; its perceived brightness. The unit of luminance is the candela per square meter (cd/m2).

LUMINOUS INTENSITY

The luminous flux per unit solid angle in the direction in question. May be expressed in candelas or lumens per steradian (lm/sr).

MACHINE, TOOL AND DIE AND METAL FABRICATION SHOPS

A principal use devoted to the shaping, forming and finishing of metals into finished products or parts used in other industrial production and/or assembly.

MAN-MADE LAKES, DAMS AND IMPOUNDMENTS

Any area designed and improved for the collection, storage and/or release of water.

MANUFACTURED HOME

Except as applied to § 155-142 of this chapter as noted below, any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Manufactured homes placed in parks shall meet the requirements for manufactured home parks listed in § 155-101 of this chapter. Manufactured homes placed on individual lots shall be considered dwellings and be bound by the requirements there imposed. For the purposes of § 155-142 of this chapter, the term "manufactured home" shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

MANUFACTURED HOME LOT

A parcel of land in a manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home, which is leased by the park owner to the occupants of the manufactured home erected on the lot.

MANUFACTURED HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

MANUFACTURING

Production of goods from raw materials by the assembly of constituent parts produced elsewhere, or by a combination of these means, including the final packaging of such goods for sale or shipment. Includes all activities included in the NAICS (q.v.) list of manufacturing activities.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE STORAGE FACILITY

A detached structure or other improvement built to store manure for future use or disposal.

MASS TRANSIT AND/OR TAXICAB TERMINALS

An area of land, with or without structures, where the principal use is the housing, storing, maintaining, repairing and/or dispatching of buses, trains, taxicabs or other passenger vehicles (other than aircraft) owned and operated by a provider of public transportation. This term excludes the storage of junked or discarded vehicles.

MATURE TREE

A deciduous tree with a diameter at breast height (DBH) greater than or equal to six inches or a coniferous tree at least six feet tall.

MAXIMUM FLOOD ELEVATION

The water surface elevations of a flood which would completely fill the floodplain to the boundaries of the Floodplain Zone.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MEDICAL, DENTAL, VISION AND COUNSELING CLINIC

Any building or group of buildings occupied by medical, dental, optical, psychological, social, and/or behavioral practitioners and related services for the purpose of providing such services to people on an outpatient basis.

MEDICAL RESIDENTIAL CAMPUS

A use that provides a harmonious and balanced mix of medical, residential, limited commercial and recreational uses, primarily serving campus residents, and public, quasi-public and medical services for the off-campus retirement-aged community.

MESSAGE DISPLAY CYCLE

That unit of time in which one complete message is displayed upon a sign incorporating a dynamic message display.

METHADONE TREATMENT FACILITY

Any use licensed by the Pennsylvania Department of Health that administers the drug methadone in the treatment, maintenance or detoxification of persons.

MINIMUM LOT AREA

The least amount of land area required to be to be associated with a principal use as required by this chapter, except that the following features are expressly excluded from such calculations:

Street rights-of-way;

Ultimate rights-of-way;

Access easements serving another principal use;

Sanitary sewer and water easements serving another principal use;

Gas pipeline easements and/or rights-of-way;

Land within easements and/or rights-of-way for overhead electric transmission lines 66 kv and greater;

Stormwater management facilities, pipes and/or swales intended to serve another principal use;

Riparian buffers, as regulated in § 155-143 of this chapter;

Permanent and open bodies of water;

The Floodplain Zone, as delineated under the terms of § 155-142 of this chapter;

Wetlands, as regulated and delineated under the terms of § 155-144 of this chapter;

Areas that are identified by the PNDI as being necessary for the protection of species of concern, as regulated by § 155-146 of this chapter; and/or

Slopes of 25% or greater.

MINIMUM SEPARATION DISTANCE

The minimum horizontal distance measured between two identifiable points.

MINING, QUARRYING AND RELATED PROCESSING OPERATIONS

The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location, and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use; the removal of such materials through sale or exchange or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall expressly exclude the following:

The extraction of minerals by a landowner for the landowner's noncommercial use from land owned or leased by the landowner;

The extraction of sand, gravel, rock, stone, earth or fill from borrow pits for highway construction purposes of the Department of Transportation or the extraction of minerals under construction contracts with the Department if the work is performed under a bond, contract and specifications that substantially provide for and require reclamation of the area affected in the manner provided by the act;

The handling, processing or storage of slag on the premises of a manufacturer as a part of the manufacturing process;

Dredging operations that are carried out in the rivers and streams of this commonwealth;

The removal and sale of noncoal materials from retail outlets;

The extraction of minerals or other deposits carried out beneath the surface by means of shafts, tunnels and similar openings; and

The extraction, handling, processing or storing of minerals from a building construction excavation on the site of the construction if the minerals removed are incidental to the building construction excavation, regardless of the commercial value of the minerals. For purposes of this section, the minerals removed are incidental if the excavator demonstrates that:

(1)

Extraction, handling, processing, or storing are conducted concurrently with construction;

(2)

The area mined is limited to the area necessary to construction; and

(3)

The construction is reasonably related to the use proposed for the site.

MINI WAREHOUSES

A building, series of buildings, a portion of one or more buildings and/or exterior areas divided into separate storage spaces for personal property and/or property associated with some business or other organization. These storage spaces shall be used solely for storage, and no processing, manufacturing, sales, research and development testing, service and repair or other nonstorage activities shall be permitted.

MOBILE HOME

See "manufactured home."

MOVING SALE

See "garage, moving and yard sale."

MULTIPLE-FAMILY DWELLING

See "dwelling, multiple-family."

MUNICIPALITY

The Township of Conewago, Adams County, Pennsylvania.

MUNICIPAL USES

Those uses and facilities designed to furnish necessary support for the general public health, safety and welfare that are typically the responsibility of local governments and other locally operated service agencies and are not operated on a commercial basis. Such uses shall include, but are not limited to:

Township offices, meeting halls, garages, and storage yards;

Police, fire and ambulance stations;

Indoor community service uses and activities, including meeting rooms, classrooms, theaters, auditoriums, banquet and social halls, scout cabins, libraries, museums and galleries of materials that are not for sale, clubhouses, accessory cafeterias and kitchens, and other similar uses;

Outdoor community service facilities and activities, including fairgrounds, golf courses, community bulletin boards and other similar uses; and

Uses accessory to the above permitted uses, including parking and loading spaces, signs, offices, rest rooms, maintenance equipment storage areas and buildings, lights, waste receptacles and dumpsters, bleachers, and other similar uses.

MUSEUM

An institution in the service of society and of its development, open to the public, which acquires, conserves, researches, communicates and exhibits, for the purpose of study, education and enjoyment, the tangible and intangible evidence of people, their history, culture and surroundings.

NAICS

The North American Industrial Classification System, as developed and maintained by the Unites States Bureau of the Census.

NET ACRE

An area of land with 43,560 square feet, exclusive of public rights-of-way and public and private streets.

NEW CONSTRUCTION

Structures, including substantial improvements thereto, for which the start of construction commenced on or after the effective date of this chapter.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for the on-site consumption of food. Additionally, nightclubs may offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment. This use does not include adult uses or gaming facilities as defined herein.

NIGHTTIME

The hours between official sunset and official sunrise.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventorying of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business may not involve any illegal activity.

NONCOMMERCIAL GREENHOUSE

A structure designed or used for the indoor growing of plants, typically found as an accessory structure to a residence. No sales may be conducted from the structure, nor may the plants grown in the greenhouse be sold from the residence as a business operation.

NONCOMMERCIAL KEEPING OF LIVESTOCK

An accessory use to a principal detached single-family dwelling that is not contained upon a farm, whereupon livestock are kept exclusively by the residents of the site.

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zone in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure that does not comply with the applicable extent of use or bulk provisions in this chapter or amendment heretofore or hereafter enacted. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto, or when such nonconformity is the result of the acquisition of land and/or rights-of-way by a governmental agency.

NONPRECISION INSTRUMENT RUNWAY

An aircraft runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

NOXIOUS SPECIES

Plants identified by the Pennsylvania Department of Agriculture's Noxious Weed Control list, as may be amended. The following lists the current known species:

(Source:http://www.agriculture.state.pa.us/agriculture/cwp/view.asp?a=3&q=127683.)

	Botanical Name	Common Name
	Cannabis sativa L	Marijuana
	Cirsium arvense	Canadian thistle
	Rosa multiflora	Multiflora rose
	Sorghum halepense	Johnson grass
	Polygonum perfoliatum	Mile-a-minute
	Pueraria lobata	Kudzu vine
	Cirsium vulgare	Bull or spear thistle
	Carduus nutans	Musk or nodding thistle
	Sorghum bicolor	Shattercane
	Datura stramonium	Jimsonweed
	Lythrum salicaria	Purple loosestrife, including all cultivars
	Heracleum mantegazzianum	Giant hogweed
	Galega officinalis	Goat's rue

NURSERY AND GARDEN CENTER

A commercial operation devoted to the raising and/or selling of trees, ornamental shrubs, flowers, houseplants, and vegetable plants for transplanting along with related materials, tools and equipment.

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding, and dining associated with some level of nursing care.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or flood-prone area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or which is placed where the flow of the water might carry the same downstream to the damage of life and property.

OFFICE

A building or a space in a building, the primary use of which is the conduct of the affairs of a business, profession, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods, or products, except that office supplies necessary for the operation may be stored as an incidental use. An office shall only involve the incidental sales or delivery of any materials, goods, or products physically located on the premises.

OFF-STREET LOADING SPACE

An off-street area provided for the loading or unloading of goods and/or materials that has direct usable access to a use's loading docks and/or doors and is connected to a street or alley by an access drive, subject to the requirements listed in § 155-36 of this chapter. This definition shall also expressly include any area that directly adjoins the loading docks and/or doors that is necessary for the vehicles to maneuver into place with the use's loading docks and/or doors. This definition shall not include the access drives on the site that do not directly adjoin the loading docks and/or doors unless they require vehicles to move in a reverse direction to negotiate access to and from the loading docks and/or doors.

OFF-STREET PARKING LOT

An accessory use in which required and, potentially, additional parking spaces are provided, subject to the requirements listed in § 155-37 of this chapter.

OFF-TRACK BETTING FACILITY

A facility, other than a racetrack, wherein pari-mutuel wagering, but no other lawful gambling activity, is conducted under Pennsylvania law.

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

ONE-HUNDRED-YEAR-FLOOD BOUNDARY

The outer boundary of an area of land that is likely to be flooded once every 100 years (i.e., that has a one-percent chance of being flooded each year). A study by the Federal Insurance Administration, the United States Army Corps of Engineers, the United States Department of Agriculture's Natural Resources Conservation Service, the United States Geological Survey, the Delaware River Basin Commission, or a licensed surveyor or professional engineer, registered by the Commonwealth of Pennsylvania, is necessary to define this boundary.

ONE-HUNDRED-YEAR-FLOOD ELEVATION

The water surface elevations of the one-hundred-year flood.

ON-LOT SEWAGE DISPOSAL SYSTEMS

A system of conveyance, treatment and discharge that provides for the safe and healthful disposal of sewage generated by one principal use within the confines of the lot on which the use is located, as approved by the Pennsylvania Department of Environmental Protection.

ON-LOT WATER SERVICE

The provision of water to a single user from a private well located on the user's lot.

OPEN SPACE

Any area of land or water, or a combination of land and water, within a development site that is free of improvement and impervious surfaces. Open spaces shall not include, among other things, areas devoted to buildings, structures, driveways, access drives, parking lots, street rights-of-way, and/or stormwater detention basins, but can include required setbacks and private yards.

ORNAMENTAL PONDS and WADING POOLS

An accessory use that:

Contains no more than 337.5 cubic feet of water (2,530 gallons);

Has a length or diameter not exceeding 15 feet; and

Has a maximum depth less than 1 1/2 feet.

ORPHANAGE

A building or group of buildings designed for and intended to provide housing facilities for minors who are in need of direct care in lieu of that available from their parents. The facility may include accessory medical facilities intended to serve the residents of the orphanage but not the general public.

OUTDOOR FURNACE

A freestanding or attached accessory structure or appliance designed to be located outside of a principal use which is designed to provide heat and/or hot water to said principal use through the consumption of wood, natural gas, kerosene, propane, domestic heating oil, or electricity. For the purposes of this definition, "wood fuel" shall include all wood intended to be used as fuel, including but not limited to trees, cordwood, logs, lumber, sawdust, and wood from manufacturing processes (butt-offs, shavings, turnings, sander dust), wood pellets, slabs, bark, chips, and waste pallets. "Wood fuel" does not include materials chemically treated with any preservative, paint, or oil.

OUTDOOR SHOOTING RANGE

A facility, designed and constructed so that it is not completely enclosed within a building, that allows for the safe discharge of firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) by persons for the practice of marksmanship, recreation, competition, skill development, training, or any combination thereof. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

OUTPARCEL

A separate lot within a planned center that relies upon the planned center's circulation system for vehicular access.

OVERBURDEN

The strata or material overlying a noncoal mineral deposit or in between noncoal mineral deposits in its natural state and material before or after its removal by surface mining.

OVERSIZE PARKING SPACE

An off-street parking space designed to accommodate a vehicle that is larger than a personal motor vehicle and is regulated by § 155-37 of this chapter.

Commonwealth of Pennsylvania.

PACKAGING

The enclosure of products into sealers, containers, wrappers, boxes or other suitable protective coverings for shipping, distribution and/or sales.

PA DCNR

Pennsylvania Department of Conservation and Natural Resources.

PA DEP

Pennsylvania Department of Environmental Protection.

PA DOT

Pennsylvania Department of Transportation.

PARK-AND-RIDE LOTS

A use provided by the Township, Adams County and/or the Commonwealth of Pennsylvania that is devoted to the daily storage of passenger vehicles by persons who engage in some form of mass transit and/or carpooling.

PARKING COMPOUND

A principal business use at which passenger vehicles are parked in rented spaces on an hourly, daily, monthly or continuous basis.

PARKING LOT

See "off-street parking lot," as defined herein.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKS AND PLAYGROUNDS

Those facilities designed and used for recreation purposes by the general public that are not operated on a commercial basis. This definition is meant to include the widest range of recreational activities, excluding adult uses, amusement arcades, amusement or theme parks, gaming facilities, golf courses, off-track betting facilities, racetracks, and shooting ranges. Such uses may include:

Outdoor park and recreation facilities, including athletic fields, courts, playgrounds, open play areas, stadiums, skating rinks, skateboard, stunt-bicycle or BMX-bicycle courses, and other similar uses;

Indoor recreation facilities, including community centers, gymnasiums, weight and fitness rooms, tennis courts, gymborees, game rooms, bowling alleys, skating rinks, locker rooms, and other similar uses;

Outdoor passive recreation facilities, including picnic pavilions, hiking, biking and fitness trails, park benches, fountains, statues and other memorials, barbecue grills, ponds, natural and cultural exhibits, amphitheaters, navigable and intermittent waters, publicly operated scenic sites and other similar uses;

Indoor community service uses and activities, including meeting rooms, classrooms, theaters, auditoriums, banquet and social halls, scout cabins, libraries, publicly operated historic sites, museums and galleries of materials that are not for sale, clubhouses, accessory cafeterias and kitchens, and other similar uses;

Outdoor community service facilities and activities, including fairgrounds, community bulletin boards, and other similar uses;

Indoor and outdoor swimming pools, including related amenities like bathhouses, wading pools, spas, snack bars, and other similar uses; and

PASSENGER VEHICLE

A motorized means of personal conveyance upon the public road system, specifically excluding commercial trucks and heavy equipment as defined herein.

PASSENGER VEHICLE SALES

Any building or land devoted to the retail sales, leasing and/or rental of passenger vehicles, including accessory service and repair facilities if conducted within a completely enclosed building.

PASSENGER VEHICLE SERVICE AND REPAIR

The retail repair, servicing, maintenance and reconstruction of passenger vehicles, provided that the washing of passenger vehicles as a principal use is excluded from this definition. (See "car wash.")

PAVED

A condition of surface in which man-made materials are applied, resulting in a durable, smooth, stable and dust-free surface over which vehicles and pedestrians may pass. This definition shall expressly include asphalt, bituminous, concrete, masonry, permeable, geogrids and other similar materials, provided they are applied with sufficient depth and base to achieve the required durable, smooth, stable and dust-free surface.

PEDESTRIAN-ORIENTED SPACE

An outdoor and/or covered area (other than designated sidewalks) within the traditional neighborhood design development that is open to the general public for passive recreational, cultural and entertainment activities, designed for principal access by pedestrians.

PERSON

An individual, partnership, corporation, firm, company, association, governmental entity, trustee, receiver, assignee or similar representative.

PERSONAL CARGO TRAILER

A licensed vehicle that is meant to be attached to a personal motor vehicle for the purposes of transporting personal property upon the public road system.

PERSONAL MOTOR VEHICLE

A passenger vehicle that is less than 11,001 pounds gross vehicle weight (weight of vehicle with rated passenger and/or load capacity) and that is used and licensed as the principal mode of conveyance by the occupants of a residential premises upon the public road system. This definition shall expressly exclude race vehicles, stake-body trucks, dump trucks, panel trucks, tractor-trailers, commercial trucks and heavy equipment.

PERSONAL SERVICE

A principal use, including barbershops, beauty and tanning salons, dry-cleaning and laundry pickup and dropoff facilities, music, art, dance and photographic studios, the repair of clocks and small appliances and similar activities. This use shall not include adult uses as defined herein.

PESTICIDE

Any substance or mixture of substances intended for use in preventing, destroying, repelling, sterilizing, or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds, or other forms of plant or animal life.

PETROLEUM PRODUCT

Oil or petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.

PHMC

Pennsylvania Historical and Museum Commission.

PLANNED CENTER SIGN

A freestanding sign that is associated with a coordinated development of more than one land use, all sharing common vehicle access and off-street parking.

PLANNING COMMISSION

The Planning Commission of Conewago Township.

PLASMA

A video display technology that relies upon the electric excitation of phosphors to emit light.

PLAY STRUCTURE

An accessory use to a residence comprised of a structure (freestanding or otherwise) with one or more components and supportive members, which, in whole or in part, is intended for use or play by children, including but not limited to tree houses, swing sets, sliding boards, jungle gyms, climbers, seesaws, rockers, nonportable sandboxes, big toys, modular playsets, etc.

PNDI

The Pennsylvania Natural Diversity Inventory.

PODS® STORAGE CONTAINERS

Portable containers that are used for temporary storage of personal property of occupants on the site during times of transition (e.g., remodeling, moving, construction, emergency).

POWER GENERATION FACILITIES

A principal use devoted to the creation, storage, conversion, distribution and transmission of electrical energy for use at another location.

PRECOMMERCIAL TIMBER STAND IMPROVEMENT

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, are too small or are otherwise of limited marketability or value.

PREMISES

The property upon which the activity is conducted, as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incident to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction and not used by the activity, and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

Any land which is in closer proximity to the highway than to the principal activity and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land or is a common or private roadway or is held by easement or other lesser interest than the premises where the activity is located.

PRIMARY SURFACE

As it relates to § 155-24, Airport Safety Zone, of this chapter, a surface longitudinally centered on a runway and extending 200 feet beyond each end of that runway. The width of the primary surface is set forth in § 155-24E of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

PRIME AGRICULTURAL LAND

Land used for agricultural purposes that contains soil of the first, second, or third class, as defined by the latest edition of the United States Department of Agriculture Natural Resources Conservation Service Adams County Soil Survey.

PRINCIPAL WASTE HANDLING, RECYCLING, PROCESSING, TRANSFER AND DISPOSAL FACILITIES

A principal use operated by Adams County responsible for the safe and healthful collection, sorting, storage, transport and disposal of solid waste.

PRIVATE SCHOOL

See "school, private."

PROCESSING

Pertaining to a systematic modification through mechanical, physical, chemical, and/or energy forces.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[9]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, and conditional use and/or variance requests shall also include the posting of a sign at conspicuous locations along the perimeter of the subject property deemed sufficient by the Township to notify potentially interested citizens. These sign(s) shall be posted at least one week prior to the hearing and will exhibit the nature, date, time, and location of the hearing. Once posted in accordance with the requirements of this chapter, the Township, absent actual notice, shall not be responsible for loss or destruction of sign(s) due to vandalism or an act of God.

PUBLIC SCHOOL

See "school, public."

PUBLIC SEWER

A system of conveyance, treatment and discharge that provides for the safe and healthful disposal of sewage generated by multiple principal uses that is owned and/or operated by the Conewago Township Municipal Authority, including its successors.

PUBLIC UTILITIES

A use or extension thereof which is operated, owned or maintained by a municipality or municipal authority or which is privately owned and requires a certificate of public convenience approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal and/or treatment; public water supply, storage and/or treatment; or for the purpose of providing the transmission of energy or telephone service.

PUBLIC WATER

A system of source, treatment, storage and/or distribution of domestic water supply to multiple principal uses that is owned and/or operated by the Hanover Borough Water Department, including its successors.

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RAIN GARDEN

An area of land designed and maintained to offer on-site stormwater regeneration. Within off-street parking lots, the use of rain gardens must include interconnected drains with the site's stormwater management system that prevent the overflow of stormwater at each of the respective rain garden locations.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a passenger vehicle; and designed for recreation and/or human occupancy solely under transient circumstances (e.g., vacations, camping, seasonal recreation, temporary visitation, but expressly excluding residency and migrant employment).

RECYCLING COLLECTION FACILITY

A use devoted solely to the collection of discarded materials that have entered a reasonably continuous process whereby their reuse is foreseeable for processing and disposal at another location.

RECYCLING FACILITY

A use that specializes in the collection and processing of discarded materials that have entered a reasonably continuous process whereby their reuse is foreseeable.

REGULATORY FLOOD ELEVATION

An elevation equal to 1 1/2 feet higher than the surface water elevation associated with the one-hundred-year flood as defined herein.

RENTAL

The temporary transferal of goods for compensation.

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the damaged structure.

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition. See also "drive-through and/or fast-food restaurants."

RETAIL

Pertaining to the general public availability for purchase and personal use and/or consumption.

RETAIL SALES

A use devoted to the display and retail transfer of ownership and/or rental of goods and products. This term shall not include adult uses as defined herein.

RETAINING WALL

A man-made structure used to stably contain land at a location of substantial elevation change.

RIGHT-OF-WAY

An area secured for public use and which may, but need not, be improved with streets, utilities, stormwater management facilities, traffic control facilities, curbs, sidewalks, bicycle lanes or paths, streetlights, and similar improvements for public benefit or enjoyment.

RIGHT-OF-WAY, LEGAL

The existing width or area of land currently owned by the Township, the state, or some other public agency or authority.

RIGHT-OF-WAY, ULTIMATE

The width or area of land necessary to accommodate present or future public improvements.

ROADSIDE STAND

An accessory use to a farm in which no less than 50% of the products for retail sale have been produced on the farm.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

RURAL OCCUPATION

An accessory business or commercial activity that is conducted within an accessory structure of a principal single-family detached dwelling.

SALES

A use devoted to the transfer of ownership and/or rental of goods and products. This term shall not include adult uses as defined herein.

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses.

SATELLITE DISH ANTENNA AZIMUTH ALIGNMENTS

That range of horizontal directions the installed satellite dish antenna must be aimed to send or receive signals. These directions are usually expressed as degrees from true North. The adjacent diagram illustrates a range of azimuth alignments between 170.1° and 252.3°.

SATELLITE DISH ANTENNA ELEVATION ALIGNMENTS

That range of vertical directions the installed satellite dish antenna must be aimed to send or receive signals. These directions are usually expressed as degrees above the horizon. The adjacent diagram illustrates a range of elevation alignments between 11.4° and 43.8°.

SATELLITE DISH ANTENNA LOOK ANGLES

The combination of azimuth and elevation alignments needed for an installed satellite dish antenna to send or receive signals.

SATELLITE DISH ANTENNA RECEPTION WINDOW

The area within a direct line between the satellite dish antenna and an orbiting satellite and/or a fixed terrestrially based sending station. For the satellite dish to remain unimpaired, this reception window must be kept relatively free from obstructions.

SAWMILL

A principal use devoted to the processing of natural wood products into semifinished products for wholesale distribution.

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

COMMERCIAL SCHOOLA school not operated by a public agency that can offer any of a wide range of curriculums, including, but not limited to, all levels of academic, business and technical instruction and training in artistic, dance, baton-twirling, athletic, martial arts, musical, gymnastics, and other similar activities. Commercial schools are principal uses that are neither home occupations nor day-care operations. These uses shall not include vocational and/or mechanical trade schools as defined in this chapter. Nursery schools shall be considered commercial schools if they are operated as a business.

PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary or postgraduate, or any combination thereof, education that may, or may not, be operated as a gainful business and is not operated by the school district or another governmental agency.

PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, vocational, postsecondary, postgraduate, and adult education, or any combination thereof, and operated by the school district.

VOCATIONAL/MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

(1)

Agriculture and/or horticulture;

Cosmetology;

Truck driving;

Engine repairs;

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

(10)

Other similar trades.

SCREENING

An assemblage of materials that are arranged so as to block the ground-level views between grade and a minimum height of six feet. Suitable screening materials include trees, shrubs, hedges, berms, walls, sight-tight fences, other similar-type materials, or any combination thereof. No wall or fence shall be constructed of plywood, corrugated metal or fiberglass, nor sheet metal.

SEASONAL RESIDENCE

A dwelling, cabin, camp, cottage, lodge or summer house which is intended for occupancy less than 182 days of the year.

SEPTAGE

A semisolid waste that collects at the bottom of sewage treatment devices that is not continuously released during normal treatment flows and needs to be periodically removed and processed and disposed of elsewhere.

SEPTAGE AND COMPOST PROCESSING

A principal use devoted to the collection and conversion of the septage and/or compost for healthful disposal.

SETBACK

The required horizontal distance between a setback line and a property or street line.

SETBACK, FRONTThe distance between the street line and the front building setback line projected the full width of the lot; commonly called "required front yard."

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot; commonly called "required rear yard."

SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard; commonly called "required side yard."

SETBACK LINE

A line within a property and parallel to a property line or street line which delineates the required minimum distance between some particular use of property and that property line or street line.

SHOOTING RANGE

A facility designed and constructed to allow for the safe discharge of firearms and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.) by persons for the practice of marksmanship, recreation, competition, skill development, training, or any combination thereof. Shooting ranges may be indoor or outdoor facilities, subject to the regulation of this chapter, among other applicable regulations. Nothing within this definition shall be construed to include hunting when conducted in accordance with the rules and regulations of the Commonwealth of Pennsylvania.

SHOPPING CENTER

A development consisting of any single retail store in excess of 60,000 square feet of gross floor area or two or more establishments of any size which are designed to function as a unit for retail sales; personal services; restaurants, taverns and nightclubs; business, professional, or banking offices; and/or similar uses, together with shared stormwater management, vehicular access, off-street parking and signage.

SHOPS FOR CONTRACTORS

A principal place of business where tradesmen perform their services within completely enclosed buildings on site and where they schedule and prepare to conduct work at other locations.

SIGN

A device for visual communication that is used to bring the subject to the attention of the public.

This term includes:

(1)

Lettering, logos, trademarks, and other symbols that are an integral part of the architectural design of a building, which are applied to a building or which are located elsewhere on the premises;

(2)

Signs that are affixed to windows or glass doors or are otherwise internally mounted such that they are obviously intended to be seen and understood by vehicular or pedestrian traffic outside the building;

(3)

Flags and insignia of civic, charitable, religious, fraternal, patriotic, and similar organizations;

(4)

Insignia of governments and government agencies;

(5)

Banners, streamers, pennants, spinners, reflectors, tinsel, and similar objects; and

(6)

Inflatable objects.

This term shall not include:

(1)

Architectural features that may be identified with a particular business;

(2)

Backlit awnings that include no lettering, logos, or other symbols;

(3)

Signs within a building that are obviously intended to be seen primarily from within the building;

(4)

Outdoor signs intended for use within a property, such as menu signs for fast-food restaurant drive-through lanes;

(5)

Signs with regulations within a park;

(6)

Building identification signs within a campus;

(7)

Flags of governments or government agencies;

(8)

Decorative seasonal and holiday banners on residential properties; and

(9)

Displays of merchandise either behind store windows or outdoors.

Sign types.

(1)

BILLBOARDAn off-premises sign which directs attention to a product, service, business, or cause.

(2)

CANOPY SIGNA sign that is incorporated into an awning or canopy that is attached to the building.

(3)

DYNAMIC MESSAGE DISPLAYA sign incorporating LCD, LED, plasma, CRT, pixelized lights, other video-like displays or other means of changing messages.

(4)

FLAT ROOF SIGNA sign that has its longest axis along the same direction as the roof to which it is attached and does not project beyond the outside edges of the roofline in any direction.

(5)

FLAT WALL SIGNA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.

(6)

FREESTANDING SIGNA sign that has a separate support structure and is not physically attached to a building.

(7)

PROJECTING ROOF SIGNA sign whose support structure is attached to the roof of a building and whose face either runs generally perpendicular to the roofline or its underlying wall or extends beyond the outside edges of the roof to which it is attached.

(8)

PROJECTING WALL SIGNA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall or extends beyond the outside edges of the wall to which it is attached.

(9)

WINDOW SIGNA sign that is either located on the inside or outside surface of a window but whose message faces outward.

SIGN MAKERS

A principal use devoted to the production of signs.

SINGLE-FAMILY DETACHED DWELLINGS

See "dwellings, single-family detached."

SKIDDING

The dragging of felled trees on the ground from the stump to the landing by any means.

SLASH

Woody debris left in the woods after timber harvesting, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees and shrubs.

SLAUGHTERING, PROCESSING, RENDERING AND PACKAGING OF FOOD PRODUCTS AND THEIR BY-PRODUCTS

A principal industrial use at which live animals and/or their physical remains are imported for preparation into materials of human, plant and/or animal nourishment or some other beneficial use.

SLDO

The latest version of Chapter 135, Subdivision and Land Development, of the Code of the Township of Conewago, as may be amended.

SLOT MACHINE PARLORS

A facility, other than a racetrack and/or an off-track betting parlor, wherein wagering and other lawful gambling activity is conducted under Pennsylvania law. This use shall include any facility in which gambling devices, including but not limited to slot machines, video poker machines, punch boards, and similar devices are located. The term "lawful gambling activity" shall not include the sale of lottery tickets in compliance with the State Lottery Law.[10]

SMALL ENGINE REPAIR SHOPS

A use devoted to the mechanical restoration of machines that power domestic tools and other household devices and appliances. This definition shall not include uses involved in the repair of personal motor vehicles, commercial trucks and heavy equipment, all as defined herein.

SOIL SURVEY

The latest published version of the United States Department of Agriculture Natural Resources Conservation Service Soil Survey for Adams County, Pennsylvania.

SOLID WASTE

Garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter I, Part 261, dated July 1, 1984, or as amended.

SPECIAL EXCEPTION

A use that is generally compatible with uses permitted in a zone but for which additional criteria have been established and approval by the Zoning Hearing Board is required as provided for by § 155-174C of this chapter.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areola, and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship or the use of excretory functions in the context of a sexual relationship and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.

Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast.

Masochism, erotic or sexually oriented torture, beating, or the infliction of pain.

Erotic or lewd touching, fondling or other contact with an animal by a human being.

Human excretion, urination, menstruation, vaginal or anal irrigation.

STAND

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

STEEP SLOPES

Existing natural slopes of 15% or greater (equal to 15 feet vertical distance over 100 feet horizontal distance). The alteration of slopes that were lawfully man-made (such as walls of a detention basin or quarry or excavated banks along a street) shall be regulated by a reasonable estimate of the preexisting natural slope.

STERADIAN

The unit of measurement of a solid angle in a sphere.

STORAGE

A temporary placement of products and materials for preservation, later use and/or disposal.

STORY

That part of a building between the surface of any floor and the next floor above it or, in its absence, the finished ceiling or roof above it. A split-level story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building that is more than two feet below the top plate shall be counted as a half story. A basement shall be counted as a story if it averages more than five feet above grade.

STREAM

Any natural or man-made channel of conveyance of surface water with an annual or intermittent flow within a defined bed and bank.

STREET

A public or private right-of-way, excluding driveways and access drives, intended for use as a means of vehicular and pedestrian circulation that provides a means of access to abutting property. The word "street" includes "thoroughfare," "avenue," "boulevard," "court," "drive," "expressway," "highway," "lane," "road," and similar terms. This definition shall not include alleys as defined herein.

STREET CENTER LINE

A line laterally bisecting a street right-of-way into equal widths. Where the street right-of-way cannot be determined, the cartway center line shall be deemed the street center line.

STREET LINE or RIGHT-OF-WAY LINE

The line defining the limit of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STREETSCAPE

The publicly accessible area straddling public and/or private streets often located between building facades and including service lanes, sidewalks, pedestrian-oriented spaces and pedestrian corridors.

STRUCTURE

Except as noted below for § 155-142 of this chapter, any man-made object, including buildings, having an ascertainable stationary location on or in land or water, whether or not affixed to the land. "Structures" shall not include such things as fences, sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes, and any other similar nonpermanent improvements.

(1)

STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.). However, for the purpose of establishing setbacks, any accessory building larger than 720 square feet shall comply with principal structure setbacks.

(2)

STRUCTURE, PRINCIPALA structure associated with a primary use.

For the purposes of § 155-142 of this chapter, "structures" shall be considered anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.

STRUCTURE HEIGHT

A structure's vertical measurement from the mean sea level of the ground abutting the corners of the structure to the highest point of the structure, including any signs, antennas or other appurtenances, unless otherwise noted.

SUBDIVISION

The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied, or operated for its intended use.

SWIMMING POOL

Any structure and inflatable device, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 24 inches. Farm ponds, stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction.

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted.

THEATER

A building containing a stage and/or screen and seating for meetings, performances, or screening of movies.

TIMBER HARVESTING or TREE HARVESTING

A forestry operation that involves cutting down of trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood, wood-related or paper products.

TND (TRADITIONAL NEIGHBORHOOD DEVELOPMENT)

A development that features a mixture of different housing types, civic and potentially local commercial uses in accordance with the requirements of § 155-18 of this chapter.

TOWNHOUSE

See "dwelling, townhouse."

TOWNSHIP

Conewago Township.

TOWNSHIP ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for Conewago Township.

TOXIC MATERIALS

Hazardous materials that are persistent, bioaccumulative (accumulate in living organisms), and highly dangerous because they pose significant risks to our health and our environment, as regulated by such statutes as the Toxic Substances Control Act (TSCA) [15 U.S.C. § 2601 et seq. (1976)] or as recognized by the Agency for Toxic Substances and Disease Registry (ATSDR).

TRAINING CENTER

A principal use that involves the indoor instruction of clients/customers on any of a wide range of subjects, including but not limited to occupational, cultural, business, technical, professional, trade, religious, life skills, emergency response, and similar activities.

TRANSIENT

Any person who assumes temporary occupancy for the purposes of visitation, recreation or leisure purposes. This definition shall expressly exclude permanent residents and/or migratory workers and their families.

TRANSITIONAL SURFACES

As it relates to § 155-24, Airport Safety Zone, of this chapter, these surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

TRAVEL TRAILER

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a travel trailer:

The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway;

The unit is mounted or designed to be mounted on wheels;

The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck;

The unit contains, or was designed to contain, temporary storage of water and sewage; and

The unit contains some identification by the manufacturer as a travel trailer.

TREE

As it relates to § 155-24, Airport Safety Zone, of this chapter, any object of natural growth.

TREE TOP

The upper portion of a felled tree that is not merchantable because of small size, taper or defect.

TRUCK OR MOTOR FREIGHT TERMINAL

A principal use contained on a single property:

To which materials and products are imported for their redistribution and export by commercial truck or other modes of transport; or

Whereby a fleet of commercial vehicles is maintained for their dispatch on an as-needed or contractual basis.

TRUCK STOP

A principal use designed as one functioning site in which various services and amenities are provided for the comfort, convenience and safety of those engaged in the trucking distribution industry and other motorists. Suitable examples include vehicle filling stations, vehicle repair and services, vehicle washing, dining and lodging, laundromats, rest lounges and areas, travel-related retail shops, gift shops, locker rooms and bathing facilities and similar uses.

TURBINE HEIGHT

The distance measured from the surface of the tower foundation upon which the wind turbine is attached to the highest point of the turbine rotor blades at their highest point of rotation.

TWO-FAMILY CONVERSION

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

UNIFORM CONSTRUCTION CODE (UCC)

The latest version of the statewide building code adopted by the Pennsylvania General Assembly applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

USE

The specific purpose(s) for which land or a structure is designed, arranged, intended, occupied or maintained.

USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

USE, PRINCIPALThe use of land or a structure that is most dominant (either visually or economically) in the determination of the Zoning Officer.

USE AND OCCUPANCY PERMIT

See "certificate of use and occupancy" as defined herein.

USES DEVOTED TO THE CONSERVATION OF LOCAL NATURAL AND CULTURAL RESOURCES

Principal uses that:

Are free of buildings, structures or other improvements and require little to no property maintenance;

Include outdoor passive recreation facilities, including picnic pavilions, hiking trails, park benches, drinking fountains, barbecue grills, ponds, natural and cultural exhibits, amphitheaters, navigable and intermittent waters, publicly operated scenic sites and other similar uses; and/or

House organizations whose principal purpose is the permanent protection of important and sensitive features and landscapes; and

UTILITY RUNWAY

An airport runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

VARIANCE

One form of relief available to the terms of this chapter upon application to the Zoning Hearing Board pursuant to § 155-174D of this chapter.

VETERINARIAN OFFICE

A building or portion thereof used primarily for the treatment of small domestic animals, such as dogs, cats, rabbits and birds or fowl, by a licensed veterinarian. This term excludes the outdoor boarding or outdoor keeping of animals.

VISUAL RUNWAY

A airport runway intended solely for the operation of aircraft using visual approach procedures.

VOCATIONAL/MECHANICAL TRADE SCHOOL

See "school, vocational/mechanical trade."

WAREHOUSE AND WHOLESALE TRADE ESTABLISHMENTS

A principal use where the goods, products and/or materials of a single company or organization are stored awaiting further processing, delivery and/or distribution. This definition shall not include satellite lots where vehicles are parked, stored and/or loaded/unloaded away from the actual property where the warehouse resides.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land area from which water drains into a particular watercourse.

WELDING SHOPS

A principal use devoted to the joining of metals through intense heat for repair or the preparation of parts used in other industrial production and/or assembly.

WETLAND MARGINS

The transitional area extending from the outer limit of a delineated wetland. For the purpose of this chapter, the wetland margin shall extend 50 feet from the wetland boundary or to the limit of the hydric soils outside the boundary, whichever is less.

WETLANDS

Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas, and which shall be identified using that method of the following that delineates the greatest area of wetlands:

The United States Army Corps of Engineers Technical Report Y87-1, Corps of Engineers Wetlands Delineation Manual;

The United States Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology, as most recently updated or modified; or

The Pennsylvania Department of Environmental Protection's Wetlands Identification and Delineation, Chapter 105, Dam Safety and Waterways Management Rules and Regulations, as most recently updated or modified.

WHOLESALE

Pertaining to the sale of goods for resale.

WIND-ENERGY CONVERSION SYSTEM (WECS)

Any device which converts wind energy to mechanical or electrical energy as an accessory use to a principal residence.

WIND-ENERGY CONVERSION SYSTEM UNIT

Shall include blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

WIND FARMS

An assemblage of wind energy devices whose main purpose is to supply electricity consisting of one or more wind turbines and other accessory structures, including but not limited to substations, towers, electrical infrastructure, transmission lines and other appurtenant facilities.

WIND TURBINE

A wind energy device that converts wind energy into electricity through the use of a wind turbine generator and includes the nacelle, rotor, tower, and pad transformer, if any.

YARD

An area between the permitted structures and the property lines.

YARD, FRONTThe area contained between the principal structure and the street right-of-way line, except that where a portion of the site has a front property line that is located away from the street right-of-way and runs generally parallel to the street, the front yard shall also include that area that is located between the principal structure and the front property line that generally parallels the street. (See adjacent diagram.) On corner lots, the front yard shall be those yards that are located between the principal structure and the adjoining streets. On corner lots that are also through lots, the front yard shall be those yards that are located between the principal structure and the adjoining street of address and located between the principal structure and the adjoining street that intersects with the street of address.

YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard. On corner lots that are also through lots, the rear yard shall be that yard that is located directly opposite the adjoining street that intersects with the street of address.

YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s). For flag lots, the side yards shall be the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure. On corner lots that are also through lots, the side yard shall be that yard that is located directly opposite the adjoining street that intersects with the street of address.

YARD SALE

See "garage, moving and yard sale."

ZONE

A portion of the Township within which certain uniform regulations and requirements, or combinations thereof, apply under the provisions of this chapter.

ZONING

The designation of specified zones within a community or Township, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING HEARING BOARD

The Zoning Hearing Board of Conewago Township, Adams County, Pennsylvania.

ZONING MAP

The Official Zoning Map[11] of Conewago Township, adopted as part of this chapter.

ZONING OFFICER

The duly constituted municipal official(s) designated to administer and enforce this chapter in accordance with its literal terms.

ZONING ORDINANCE

The Official Zoning Ordinance of Conewago Township.

ZONING PERMIT

A permit stating that the purpose for which a building or land is to be used is in conformity with the applicable requirements of this chapter for the zone in which it is, or will be, located.

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: See Ch. 56, Art. IV, Uniform Construction Code.

[3]

Editor's Note: See 72 P.S. § 3761-101 et seq.

[4]

Editor's Note: See 25 Pa. Code § 83.262.

[5]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[6]

Editor's Note: See Ch. 56, Art. IV, Uniform Construction Code.